The Violence Against Women Act (VAWA) became law in the United States in 1994. The law is designed to prevent abuse and protect survivors of domestic or dating violence, sexual assault, stalking, or other relationship-based crimes.
Despite the name, VAWA applies to victims of any gender or age and has broad-based provisions for legal assistance with immigration status, housing, civil legal aid, services for rural victims, elder abuse prevention programs, and many other areas. Our experienced immigration attorneys at Youngblood & Associates can advise people about the many ways this legislation can provide help. If you think you may be eligible for this program, call us to speak with a McMinnville VAWA lawyer about your situation.
VAWA and Immigration Status
For people who have concerns about their immigration status, dealing with an abusive situation can be even more challenging. Often, they are afraid that if they go to law enforcement to report the abuse, they may be deported or face charges themselves. If they do not have a visa that permits them to work, they may rely on their abuser financially and feel trapped in an abusive situation. A knowledgeable VAWA attorney in McMinnville can provide guidance and support to survivors in these difficult circumstances.
VAWA can help survivors who are not citizens or lawful permanent residents of the United States. If a person was abused by a close relative such as a spouse, ex-spouse, parent, or child, and if the abuser was a U.S. citizen or lawful permanent resident, VAWA’s protections would apply. Under VAWA, survivors of these relationships may become lawful permanent residents and obtain a Green Card, giving them much more confidence in their immigration status.
Family-Based Immigration and VAWA
One complication for many immigrant survivors of abuse is that the family-based immigration process usually requires a U.S. citizen or lawful permanent resident to sponsor a family member’s application to immigrate to the United States. Unfortunately, this application can become another tool to manipulate and control the victim if the abuser threatens to withhold or withdraw their sponsorship. Victims may feel afraid or intimidated and give in to an abuser’s demands, fearing that they will be deported or suffer other adverse consequences without the abuser’s support. Seeking assistance from a seasoned McMinnville VAWA attorney can help empower survivors to take control of their immigration process.
With the passage of VAWA, noncitizens who are survivors of certain types of abusive situations can file their own petitions for immigrant classification. According to U.S. Citizenship and Immigration Services, the purpose of this is to give the survivor the freedom to seek safety and independence from their abuser.
Thanks to this immigration pathway, survivors may feel more confident getting help from the police or other law enforcement agents. Since they don’t have to fear being deported or getting in trouble for their own immigration issues, victims can share information to ensure their abusers will face justice.
Exceptions to VAWA Protections
VAWA’s immigration protections do not apply to every type of abusive relationship. To take advantage of VAWA’s self-petition pathway, an abuse survivor must file Form I-360. If a person was not legally married to the abuser or if they have been divorced from their abusive spouse for more than two years at the time of filing the form, the petition may be denied. A McMinnville lawyer with experience handling VAWA cases can help a survivor file this form, advise them about issues that might arise with their situation, and help file an appeal if the petition is denied.
Call Our McMinnville VAWA Attorneys for Help
No one should have to face an abusive relationship alone. If you think this law might be able to help you or someone you know, call a McMinnville VAWA lawyer at Youngblood & Associates for a consultation.
Your lawyer will listen to your story, go over your case with you, and give you advice about what to do next. They can help you if you want to talk to the police or other law enforcement officers. They can also attend court proceedings with you and, if it applies to your situation, can help you file the right documents for your immigration application.
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